North Carolina Plaintiff Claims Injuries From Durom Cup
North Carolina resident Charlaine A. Bryan filed a Zimmer hip replacement lawsuit on August 30, 2012. Her Zimmer hip lawyer was proceeding with the case in the Superior Court of California, County of Los Angeles, until the defendants filed a notice of removal on October 12, 2012. The lawsuit will now join other cases pending in the Zimmer hip MDL in the U.S. District Court of New Jersey.
The plaintiff claims that after being implanted with the Zimmer Durom Cup she experienced serious injuries. She alleges the device is defective, and is seeking damages in excess of $75,000.
Details of Zimmer hip replacement lawsuit
According to her complaint, the plaintiff had the Zimmer Durom cup implanted on August 28, 2006. Zimmer, Inc. released this device on the market that same year, advertising it as a lasting and reliable prosthetic hip implant.
The Durom Cup is made of cobalt and chromium, and is one of the so-called “metal-on-metal” hip implants that have been found to increase risk of metal contamination and tissue damage. The cup is designed to facilitate bony ingrowth into the cup’s porous shell, but orthopedic surgeons complained as early as 2007 that the growth was not occurring as expected, and the cup was coming loose.
After her surgery, the plaintiff’s wounds healed without infection, and x-rays showed the hip replacement to be properly positioned and affixed. Yet in the weeks and months that followed, the plaintiff reports she consistently experienced pain and extreme weakness in her hip and other areas.
Complaints lead to 2008 “Zimmer hip recall”
Dr. Lawrence Dorr, a prominent surgeon in the state of California, communicated to Zimmer in 2007 that an abnormal amount of his patients implanted with the Durom Cup were experiencing pain and requiring revision surgery to replace the device. Specifically, he told the company that x-rays showed the cup separating or loosening from the bone, and that it was moving around in the hip socket and rubbing against the bone rather than fusing to it.
After receiving no response from the company, Dr. Dorr went public with his observations in April of 2008. On July 22, 2008, Zimmer announced a temporary suspension of sales to investigate complaints of a high failure rate. This has sometimes been referred to as a “Zimmer hip recall,” but the company never actually recalled the implant. In fact, they re-released it about a month later with updated surgical instructions.
Because of the pain and other complications she was experiencing, Bryan went through revision surgery on December 15, 2008, just two years after implantation.
Zimmer lawsuits centralized in MDL
The U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated each federal Zimmer hip replacement lawsuit into one court in the District of New Jersey on June 9, 2010. Judge Susan D. Wigenton is overseeing the cases, though Zimmer has already reached a number of out-of-court settlements.
Bryan and her Zimmer hip lawyer bring counts of negligence, breach of warranties, manufacture and design defects, and failure to warn.
- Zimmer Durom Hip Cup Products Liability Litigation. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2158...
- FDA warns Zimmer over manufacturing of hip devices. Retrieved from http://www.reuters.com/article/2012/10/01/us-zimmer-warning...